Should The NBA Stamp And Seal Expire? By: Abdulrasheed Ibrahim

For quite a while now there have been arguments here and there on whether the NBA stamp and seal should expire or not. There have been lamentations among lawyers that their exhausted stamps and seals become useless after the expiration date inscribed on it and as such the remaining stamps and seals are buried in the dustbin. Should this continue to be the situation? Few days ago I came across a post by a lawyer on a social media platform which went thus:

“Dear learned colleagues. Good morning all .Happy New month. The problem behind our Stamps and Seals is our Branch Chairmen.They vehemently supported and voted for its expiration at the NEC meeting despite the fact that they know it was uneconomical, frustrating and MOST OFTEN IT NEVER ARRIVE UNTIL TWO TO THREE MONTHS OF ITS EXPIRATION . I believe, very strongly that one of the benefits we ought to derive from the payment of the BFR and the Branch due should be the issuance of Stamps and Seals freely without any further payment .Branch Chairmen, represent us well, don’t bring burdens upon our frustration.Clients shouldn’t be given us headache and you be given us stomachache.Let the Stamp and Seal be issued freely or shouldn’t expire.Our mumu don dey do o.”

The traffic of reactions that followed the above post in support of the non-expiration of the NBA stamp and seal was overwhelming.In another post somewhere else there was a complaint on behalf of a colleague who was said to have gotten the delivery of his pack of NBA stamps and seals after its expiration. There are instances where some lawyers have gone to court against the NBA to challenge this kind of things and asking the court to order the replacement of the stamp and seal. Since the introduction of affixing NBA stamp and seal on court processes and other documents, many issues have arisen wherein the courts even up to the Supreme Court had to intervene. There was a time it was decided that failure to affix stamp and seal on court process or legal document rendered it invalid. Later it was held that the failure to affix the stamp and seal is a mere irregularity that can be rectified.It has even been decided now that affixing expired stamp and seal on a process does not render such incompetent as long as that can be equally rectified.

It has been canvassed under the present NBA leadership that a lawyer can get his stamp and seal within a week or two after the submission of an application to that effect.It has also been contended that those who are complaining of the late arrival of their stamps and seals should confirm from their branches the actual time their applications are forwarded to the National Secretariat on their behalf .That if applications are not sent promptly or there are errors on the application forms ,this may affect the delivery of the stamp and seal as at when due.While I want to urge the NBA National Secretariat to adhere strictly to its one or two weeks deadline for production, a call must equally goes to the various branches to cultivate the habit of prompt submission of their members’ applications to the National Secretariat as what is the use of stamp and seal delivered after its expiration. The applicants for the stamp and seal must also exercise due diligence when filing their applications to avoid what will lead to delay.

Now the question again: should the NBA stamp and seal expire? I think prior to the 2018 elections of the National Officers that brought in the incumbent regime, the issue of stamp and seal featured prominently among some of the contenders for the position of the presidency during the campaigns. There were promises among the contenders that : NBA STAMP AND SEAL WILL NO LONGER EXPIRE as well as YOUR PAYMENT OF BAR PRACTICING FEES WILL ENTITLE YOU TO FREE NBA STAMP AND SEAL. Honestly these were beautiful campaign promises that must have been appreciated by most lawyers, but if the true must be told, those promises may only come to reality if the propounders of such succeed in getting to power. One of the ironies of politics in Africa including the NBA is that no matter how brilliant the programs and agenda of your opponents are, it may not appeal to you, if you get into power after defeating your opponents. To me this is a bad practice in politics. If you defeat your opponent who has good and fine programs in his manifestos, will you be afraid of copyright infringement to adopt such when you are in power?

I have once argued somewhere else that there was the need to remove the expiring date on the NBA stamp and seal.That if we cannot remove it ,let the stamp and seal function for at least two years. Honestly I do not see the reason why the payment of the Bar Practicing Fee (BPR) by a lawyer cannot entitle him to a pack of free NBA stamp and seal. Last month, after paying N25,000 for BPF ; N10,500 for Branch Due and Insurance as as well as another N4,000 for NBA Stamp and Seal ,I proceeded to my branch secretariat to do the necessary perfection. I was marveled at the volumes of unclaimed NBA stamp and seal I saw at the secretariat not collected whether as a result of expiration or late arrival. I have been paying this for years and in 2018 when I wanted to contest for a National Office, they said I cannot contest because I was not a member of the National Executive Committee (NEC).We must continue to ask our NBA leadership,what is the benefit for our membership of the Association? The NBA must continue to prove wrong those our colleagues who are saying that their NBA membership is not adding value to their law practice. I am not the only one complaining, other lawyers are also complaining as we need to derive benefits for the money we are paying. One of our colleagues lamented recently that:

“ Nigerians are the problems of Nigerian law.We are bigger than Kenya in everything …but I will tell you ,if you need any Kenya case law ,you will get it for free on google .You can access all their legislation for free.But you must pay to access Nigerian cases. For goodness sake, I paid almost 30k to NBA few weeks ago…and yet this simple thing I can’t enjoy .The SC and NBA should cover their face in shame. ..It’s not too late. You can do something.”

The lamentations are all over the places and it is for this reason that I advise the incumbent NBA leadership to revisit this serious issue of stamp and seal. If the stamp and seal cannot be made available free of charge for those lawyers that paid their Bar Practicing Fees and Branch Dues, let the expiring date on the stamp and seal be removed. Alternatively, if the expiring date must remain, let it be for at least for two years. The popular demand among lawyers is that let the NBA gets rid of the expiring date. The NBA may find it difficult to bow to this demand because of the monetary gain attached to it, but I strongly believe that any NBA leadership that is bold enough to take that decision will greatly be commended and appreciated for such act. NBA must be courageous to take the bull by the horns.The NBA stamp and seal as it is being presently operated is resulting to volumes of the stamps and seals being wasted because of the expiring date on it. If I were the incumbent NBA President, I strive for the removal of the expiring date.

I admire great and visionary leaders who are always set to make history that will outlive them. One of the problems I have long observed confronting my NBA Lagos Branch is the owning of its own Secretariat which it is still lacking till date. I had written many years back in an article titled: NBA LAGOS: PREMIER IN SEARCH FOR SHELTER published on 15th December 2011 in the Daily Independent Newspaper that:

“…If one may ask, is building or having a befitting secretariat or Bar centre for NBA Lagos has never been part of the agenda of the successive Lagos NBA executives? ….Any NBA Lagos executive administration that succeeds in the stride of at least laid the foundation or complete the secretariat /bar centre will surely be on the positive side of legal history…”

Till date we are still waiting for the Messiah that will make history by making the NBA LAGOS HOUSE a reality. To be a leader is one thing and for such leader to be determined to leave behind indelible legacy is another. Many people are only interested in leadership but not are interested or concerned on the good thing they could leave behind to be remembered for.There is no better way to describe those set of leaders than that they are selfish or self-centred. Every leader has the right to choose what he wants to be remembered for. We have witnessed in this country how the June 12 1993 election worldly acknowledged as the most free and fair in the history of the country was unjustly annulled. The winner of the elections was made to pay the supreme price in the struggle to regain his mandate. Those that rode to power on his blood did not accord any recognition to his sacrifice but preferred every 29th May as the democracy day rather than the June 12. But someone else came and reversed that democracy day. By that singular act, has the reverser not made history? Even if some people are not happy with that development, at least the long time wound inflicted on the family of the victim was healed.

ASIWAJU TINUBU COLLOQUIM AT 67

For the past 11 years now, Asiwaju Bola Ahmad Tinubu has been marking his yearly birthday with a colloquium where a topical lecture on an important national issue is given each year. This year colloquium lecture was given by the Professor Yemi Oshinbajo, the Vice President of the Federal Republic of Nigeria. Tinubu is a politician that cannot be dismissed with a wave of hand. Having been a Senator under aborted Third Republic and was part of the struggle that saw to the exit of the military junta. When the country returned to democracy in 1999, he became the elected Governor of Lagos State under the platform of the Alliance For Democarcy (AD) which them controlled the Souh West region. During the 2003 General Election he was the only AD Governor in the South West that survived and won the second term as a result of his refusal to buy the idea of backing Chief Olusegaun Obasanjo’s second term agenda unlike the other South West Governors that compromised but lost out their gubernatorial seats to the PDP candidates. Despite the seizure of the Lagos State financial allocations by Chief Olusegun Obasanjo ,Tinubu then succeeded in keeping the Lagos State Economic going under that circumstances.

One thing you cannot take away from Asiwaju Tinubu is that he has the capacity to identify people who are good materials to work with. During his reign as Governor, he went to the ivory tower of the University of Lagos to bring out some academicians into his government and they performed credibly well. As a great politician, he made many other politicians who have equally become formidable. He brought in successors who were able to follow and sustain his legacy and footstep. Prior to the 2015 General Elections, he joined forces with other political parties to form the All Progressive Congress (APC) and became its National leader. His party successfully wrestled power from People Democratic Party (PDP) to become the ruling party.

With the winning of the second term by the APC in 2019 General Elections, he has advised the ruling party against its plan increment of the Value Added Tax (VAT). That rather than doing that the government should make those who are not paying taxes to pay taxes. You may agree or disagree with him but one thing that is certain is that you cannot ignore him. Wishing Asiwaju Bola Ahmad Tinubu, Happy Birtday, Long Life and Prosperity!

REMARKABLE PRONOUNCEMENT ON TENURE ELONGATION
“It is settled law that the time fixed by the constitution for doing of anything cannot be extended .It is immutable, fixed like Rock of Gibraltar; it cannot be extended, elongated, expanded, or stretched beyond what it states. To calculate the tenure of office of Governors from the date of their second oaths of allegiance and of office while ignoring the period from 29th May 2007,when they took this first oaths is to extend the four years tenure constitutionally granted the Governors to occupy and the act in that office which would be unconstitutional. It is therefore clear and I hereby hold that the second oaths of allegiance and of office taken in 2008 ,though necessary to enable them continue to function in that office ,were superfluous in the determination of the four years tenure under section 180 (2) of the 1999 constitution.”

Per ONNOGHEN, JSC in Marwa & Anor. Vs. Nyako & 9 Ors. (2012) 1 SC (Pt. III) Pg. 86 Lines 15-25

THE SETTLED PRINCIPLE OF LAW

On whether a private legal practitioner can appear for the state

“It is now more than settled that a private legal practitioner can represent or appear for the state in both criminal and civil proceedings”
See A-G. FEDERATION Vs. ABULE (2005) 11 NWLR (Pt. 936) Pg. 394 Paras E-F

For more Settled Principles of Law and Remarkable Pronouncements from our Supreme Court Jurists from 1956-2016, obtain or order for your copies of LAW PRACTICE KIT and LEGAL LUMINARIES. Call or text 08055476823, 08164683735 or email: rasheedibraheem68@yahoo.com. Your library is incomplete without these books.